Code of Civil Procedure, 1908

Sections 47, 49 and 50 CPC: Executing Court, Transferee and Legal Representative

Sections 47, 49 and 50 of the Code of Civil Procedure, 1908 govern important questions arising during execution of decrees. Section 47 requires specified execution-related disputes to be determined by the executing court; Section 49 protects equities available against a transferee of a decree; and Section 50 deals with execution against the legal representative of a deceased judgment-debtor.

At a glance: Section 47 prevents a separate suit for questions between the parties to the suit, or their representatives, relating to execution, discharge or satisfaction of the decree. Section 49 makes a transferee take the decree subject to equities enforceable against the original decree-holder. Section 50 permits execution against the legal representative of a deceased judgment-debtor, subject to the statutory limit of inherited property that has come to the representative's hands and has not been duly disposed of.

Official statutory source: View the Code of Civil Procedure, 1908 on India Code.

Section 47 CPC - Questions to be determined by the Court executing decree

(1) All questions arising between the parties to the suit in which the decree was passed, or their representatives, and relating to the execution, discharge or satisfaction of the decree, shall be determined by the Court executing the decree and not by a separate suit.

(2) Omitted.

(3) Where a question arises as to whether any person is or is not the representative of a party, such question shall, for the purposes of this section, be determined by the Court.

Explanation I. For the purposes of this section, a plaintiff whose suit has been dismissed and a defendant against whom a suit has been dismissed are parties to the suit.

Explanation II. (a) For the purposes of this section, a purchaser of property at a sale in execution of a decree shall be deemed to be a party to the suit in which the decree is passed; and

(b) all questions relating to the delivery of possession of such property to such purchaser or his representative shall be deemed to be questions relating to the execution, discharge or satisfaction of the decree within the meaning of this section.

Sub-section (2) was omitted by the Code of Civil Procedure (Amendment) Act, 1976, with effect from 1 February 1977. The present Explanations were substituted by the same amending Act.

Section 49 CPC - Transferee

Every transferee of a decree shall hold the same subject to the equities, if any, which the judgment-debtor might have enforced against the original decree-holder.

Section 50 CPC - Legal representative

(1) Where a judgment-debtor dies before the decree has been fully satisfied, the holder of the decree may apply to the Court which passed it to execute the same against the legal representative of the deceased.

(2) Where the decree is executed against such legal representative, he shall be liable only to the extent of the property of the deceased which has come to his hands and has not been duly disposed of; and, for the purpose of ascertaining such liability, the Court executing the decree may, of its own motion or on the application of the decree-holder, compel such legal representative to produce such accounts as it thinks fit.

Note: The Code of Civil Procedure is subject to amendments and, in some jurisdictions, State-specific amendments or High Court rules. For court use, verify the text and locally applicable procedural provisions in force on the relevant date.